Q: Can I take legal action against my husband's ex-wife for false court filings and defamation in Florida?
I recently went through a custody battle with my ex-husband, where I was granted full physical and legal custody with a no-contact order. He's filed an appeal, and I've returned to court multiple times due to his contempt. My current issue is that my current husband's ex-wife keeps filing false court motions that she drops before they reach the courtroom. She spreads lies by calling me an 'alcoholic' and falsely claiming that my license is suspended. Moreover, she has made baseless accusations against my children, alleging inappropriate behavior, which was proven false as it stemmed from an innocent comment by my son's friend. These documents are public, and her actions have been mentioned in my court proceedings, potentially endangering my minor children and interfering with my custody case. I haven't taken any legal action against her yet. Can I serve her with a cease and desist or sue her for defamation? What are my options? Thank you!
A: You will need to call a lawyer to schedule a consultation, so that the court docket and documents may be reviewed. Your description is confusing regarding why your current husband's ex-wife would be a party to court proceedings (or is she?), and is so, for what type of proceeding and which court (trial or appellate) she is filing motions in, as it seems you are talking about a case that is just between you and your ex and that is currently on appeal. There are actions that can be taken regarding court filings with defamatory statements, though suing for defamation generally is not an option due to an immunity doctrine applicable to statements made in Court. One of the potential options would be a motions for sanctions, which may have to be preceded by a warning letter (called a "safe harbor" letter) giving the party 21 days to withdraw their allegations in order to avoid sanctions.
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